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Public Law105th CongressCommerce
S. 2193Became Law

Trademark Law Treaty Implementation Act

This bill became law

Filed
Comm.
Floor
Both
Law

What it doesSummary passed senate amended (Sep 17, 1998)

TABLE OF CONTENTS:

Title I: Trademark Law Treaty Implementation

Title II: Technical Corrections

Title III: Miscellaneous Provisions

Title I: Trademark Law Treaty Implementation - Trademark Law Treaty Implementation Act - Amends the Trademark Act of 1946 to revise trademark registration requirements.

(Sec. 103) Requires owners of trademarks and persons with bona fide intentions to use trademarks to include verifications attesting to the accuracy of facts in registration applications.

Prohibits the registration of any trademark until the applicant has met certain existing requirements with respect to: (1) amending an application for a bona fide intention to use a trademark to conform to requirements for using a trademark in commerce if the applicant has made use of the trademark; and (2) verifying statements that a trademark is used in commerce. Exempts trademarks subject to certain international conventions from such requirements.

(Sec. 104) Provides that failures to file extension requests for filing statements of use shall result in abandonment of registration applications unless shown to the satisfaction of the Commissioner of Patents and Trademarks that a delay was unintentional.

(Sec. 105) Grants owners of registered trademarks a grace period to make certain affidavits in order to avoid early cancellations of registrations.

(Sec. 106) Revises registration renewal requirements and extends the period in which a renewal may be filed to one year (currently, six months) before the end of each successive ten-year period for which the registration was issued or renewed. Extends the grace period for filing renewals for expired registrations from three to six months after the end of such ten-year period, with payment of a surcharge.

(Sec. 108) Removes a requirement that an application for registration of a foreign trademark be accompanied by a certification or certified copy of the foreign registration. Requires the submission of such documents within such time period as the Commissioner prescribes.

Title II: Technical Corrections - Makes various specified technical corrections to the Trademark Act of 1946.

Title III: Miscellaneous Provisions - Amends the Trademark Act of 1946 to declare that nothing shall be deemed to prohibit a registrant from using its certification mark in advertising or promoting recognition of the certification program or of the goods or services meeting the registrant's certification standards. States that such uses shall not be grounds for cancellation of registration so long as the registrant does not itself produce, manufacture, or sell any of the certified goods or services to which its identical certification mark is applied.

(Sec. 302) Directs the Commissioner of Patents and Trademarks to study and report to specified congressional committees on the issues surrounding the protection of the official insignia of federally and State recognized Native American tribes.

What just happenedOct 30, 1998

Became Public Law No: 105-330.

Who’s behind it

Sen. Hatch, Orrin G. [R-UT](R-UT)Sponsor
1 cosponsor1 D
Read on Congress.gov
1cosponsors1committees25actions1amendments2related bills18subjects
  1. Oct 30, 1998PresidentE40000

    Became Public Law No: 105-330.

  2. Oct 30, 1998BecameLaw36000

    Became Public Law No: 105-330.

  3. Oct 30, 1998PresidentE30000

    Signed by President.

  4. Oct 30, 1998BecameLaw36000

    Signed by President.

  5. Oct 20, 1998FloorE20000

    Presented to President.

  6. Oct 20, 1998President28000

    Presented to President.

  7. Oct 9, 1998FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  8. Oct 9, 1998FloorH37300

    On motion to suspend the rules and pass the bill Agreed to by voice vote.

  9. Oct 9, 1998Floor8000

    Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.

  10. Oct 9, 1998FloorH8D000

    DEBATE - The House proceeded with forty minutes of debate.

  11. Oct 9, 1998FloorH30000

    Considered under suspension of the rules. (consideration: CR H10334-10337)

  12. Oct 9, 1998FloorH30300

    Mr. Coble moved to suspend the rules and pass the bill.

  13. Sep 18, 1998FloorH15000

    Held at the desk.

  14. Sep 18, 1998Floor

    Message on Senate action sent to the House.

  15. Sep 18, 1998FloorH14000

    Received in the House.

  16. Sep 17, 1998Floor

    Passed Senate with an amendment by Unanimous Consent.

  17. Sep 17, 1998Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.

  18. Sep 17, 1998Floor

    Measure laid before Senate by unanimous consent. (consideration: CR S10535-10536)

  19. Jul 16, 1998Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 474.

  20. Jul 16, 1998Committee

    Committee on Judiciary. Reported to Senate by Senator Hatch without amendment. Without written report.

    Judiciary Committee
  21. Jul 16, 1998Committee14000

    Committee on Judiciary. Reported to Senate by Senator Hatch without amendment. Without written report.

    Judiciary Committee
  22. Jul 16, 1998Committee

    Committee on Judiciary. Ordered to be reported without amendment favorably.

    Judiciary Committee
  23. Jun 18, 1998IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  24. Jun 18, 1998IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S6573-6574, S6576-65579)

  25. Jun 18, 1998IntroReferral10000

    Introduced in Senate

Passed Senate amendedSep 17, 199835

TABLE OF CONTENTS:

Title I: Trademark Law Treaty Implementation

Title II: Technical Corrections

Title III: Miscellaneous Provisions

Title I: Trademark Law Treaty Implementation - Trademark Law Treaty Implementation Act - Amends the Trademark Act of 1946 to revise trademark registration requirements.

(Sec. 103) Requires owners of trademarks and persons with bona fide intentions to use trademarks to include verifications attesting to the accuracy of facts in registration applications.

Prohibits the registration of any trademark until the applicant has met certain existing requirements with respect to: (1) amending an application for a bona fide intention to use a trademark to conform to requirements for using a trademark in commerce if the applicant has made use of the trademark; and (2) verifying statements that a trademark is used in commerce. Exempts trademarks subject to certain international conventions from such requirements.

(Sec. 104) Provides that failures to file extension requests for filing statements of use shall result in abandonment of registration applications unless shown to the satisfaction of the Commissioner of Patents and Trademarks that a delay was unintentional.

(Sec. 105) Grants owners of registered trademarks a grace period to make certain affidavits in order to avoid early cancellations of registrations.

(Sec. 106) Revises registration renewal requirements and extends the period in which a renewal may be filed to one year (currently, six months) before the end of each successive ten-year period for which the registration was issued or renewed. Extends the grace period for filing renewals for expired registrations from three to six months after the end of such ten-year period, with payment of a surcharge.

(Sec. 108) Removes a requirement that an application for registration of a foreign trademark be accompanied by a certification or certified copy of the foreign registration. Requires the submission of such documents within such time period as the Commissioner prescribes.

Title II: Technical Corrections - Makes various specified technical corrections to the Trademark Act of 1946.

Title III: Miscellaneous Provisions - Amends the Trademark Act of 1946 to declare that nothing shall be deemed to prohibit a registrant from using its certification mark in advertising or promoting recognition of the certification program or of the goods or services meeting the registrant's certification standards. States that such uses shall not be grounds for cancellation of registration so long as the registrant does not itself produce, manufacture, or sell any of the certified goods or services to which its identical certification mark is applied.

(Sec. 302) Directs the Commissioner of Patents and Trademarks to study and report to specified congressional committees on the issues surrounding the protection of the official insignia of federally and State recognized Native American tribes.

Introduced in SenateJun 18, 199800

Trademark Law Treaty Implementation Act - Amends the Trademark Act of 1946 to revise trademark registration requirements.

Requires owners of trademarks and persons with bona fide intentions to use trademarks to include verifications attesting to the accuracy of facts in registration applications.

Prohibits the registration of any trademark until the applicant has met certain existing requirements with respect to: (1) amending an application for a bona fide intention to use a trademark to conform to requirements for using a trademark in commerce if the applicant has made use of the trademark; and (2) verifying statements that a trademark is used in commerce. Exempts trademarks subject to certain international conventions from such requirements.

Provides that failures to file extension requests for filing statements of use shall result in abandonment of registration applications unless shown to the satisfaction of the Commissioner of Patents and Trademarks that a delay was unintentional.

Grants owners of registered trademarks a grace period to make certain affidavits in order to avoid early cancellations of registrations.

Revises registration renewal requirements and extends the period in which a renewal may be filed to one year (currently, six months) before the end of each successive ten-year period for which the registration was issued or renewed. Extends the grace period for filing renewals for expired registrations from three to six months after the end of such ten-year period, with payment of a surcharge.

Removes a requirement that an application for registration of a foreign trademark be accompanied by a certification or certified copy of the foreign registration. Requires the submission of such documents within such time period as the Commissioner prescribes.